Mowery v. P. P. Mast & Co.
Nebraska Supreme Court
Error to the district court for Adams county. Tried below before Gaslin, J. The case is stated in the opinion. cited 2 Parsons on N. and B., 117, and Note a and 118 and Note d. Brandt on Suretyship and Guaranty, 2, see. 1, and eases there cited. McMillan v. Bull’s Head Bank, 32 Ind., 11. Central Savings Bank v. Shine, 48 Mo., 463. Allen v. Fosgate, 11 How.
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Error to the district court for Adams county. Tried below before Gaslin, J. The case is stated in the opinion. cited 2 Parsons on N. and B., 117, and Note a and 118 and Note d. Brandt on Suretyship and Guaranty, 2, see. 1, and eases there cited. McMillan v. Bull’s Head Bank, 32 Ind., 11. Central Savings Bank v. Shine, 48 Mo., 463. Allen v. Fosgate, 11 How. Pr., 218. Swan’s Pleadings, 109. Brewster v. Silence, 8 N. Y., 215. Draper v. Snow, 20 lb., 337. 7 Kan., 339. 20 Mich., 46. The liability of the guarantor does not arise upon the same obligation or instrument, therefore is not brought…
1Opinion of the Court
Maxwell, Ch. J.
On the fifteenth day of April, 1876, Alfred Calvert executed a note for the sum of $35 and interest to P. P. Mast & Co., due and payable at the Adams county bank on the first day of November, 1877. Before the delivery of the note to P. P. Mast & Co. the following guaranty was written on the back of the note by Mowery, their agent:
“Por value received we hereby guarantee the payment of the within note, and waive protest, demand, and notice of non-payment thereof.
“ Q-. W. Mowery.”
On the seventh day of January, 1879, an action was commenced against Calvert and Mowery before a…
2Cases cited5 opinions
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Borden v. GilbertWisconsin Supreme Court · 1861
- Virden v. EllsworthIndiana Supreme Court · 1860
- Peddicord & Wyman v. WhittamSupreme Court of Iowa · 1859
- Allen v. Fosgate & FosgateNew York Supreme Court · 1855
3Cited by9 opinions
- Barry v. WachoskyNebraska Supreme Court · 1899
- Mutual of Omaha Bank v. MuranteNebraska Supreme Court · 2013
- Pearson v. Kansas Manufacturing Co.Nebraska Supreme Court · 1883
- Ayres v. WestNebraska Supreme Court · 1910
- Rogers v. National Surety Co.Nebraska Supreme Court · 1927
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